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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30657 of 2025 Court No. - 29 (SL No.32) HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Dinesh Kumar Pandey, learned counsel for the petitioner, Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State respondents and Sri Vineet Pandey. learned counsel appearing for the respondent no.4, U.P. Awas Vikas Parishad, Lucknow. 2. Let a copy be served upon Sri Vineet Pandey, who is authorized to receive notice on behalf of the U.P. Awas Vikas Parishad, respondent no.4 forthwith. 3. It has been submitted by learned counsel for the petitioner that in their Village- Andhau, there are many villagers who will become landless after this Scheme, floated by the Parishad for residential purpose. Therefore, their land should be exempted from the said scheme. 4.The instant writ petition is preferred for a direction commanding the respondent no.2, District Magistrate- Ghazipur, to exempt the land of the petitioner, Plot No. 381/0 area 0.0160 hectare situated in Village- Andhau, Tehsil Sadar, District- Ghazipur. 5. The relief is resisted by Ms. Uttara Bahuguna and Sri Vineet Pandey, learned counsel for the respondents, on the premises that no cause of action survives at this stage to press the relief, as the U.P. Awas Vikas Parishad has proceeded to issue a preliminary Notification under Section 28 of the U.P. Versus Counsel for Petitioner(s) : Ashutosh Kumar Singh, Dinesh Kumar Pandey Counsel for Respondent(s) : C.S.C. Chandeshwar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
Avas Evam Vikas Parishad, 1965 and objection are already invited. In case the petitioner is aggrieved he may file an objection, within thirty days. Even that period has also been expired. He submits that the acquisition proceedings would definitely be carried out strictly in consonance with the provisions contained under the U.P. Awas Avam Vikas Parishad, 1965.Therefore, no such relief can be accorded at this stage. 6. Considering the factual situation and the relief as has been prayed for, we are not inclined to entertain the instant writ petition at this stage. Needless to say, in case any objection is filed by the petitioner, definitely the same would be considered in accordance with law, prior to the notification under Section 32 of the Act, 1965. 7. With the aforesaid observation the writ petition stands disposed of.
(Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) September 11, 2025 Shubham Arya WRIC No. 30657 of 2025 2
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad